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Home My WebLink AboutItem No. 05 CFD No. 2015-1 Safety Services Tract No. 37305 Annex No. 06City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: RES 2019-42 Agenda Date: 10/22/2019 Status: PassedVersion: 1 File Type: Council ResolutionIn Control: City Council / Successor Agency Agenda Number: 5) Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Tract No. 37305. Annexation No. 6 adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) Page 1 City of Lake Elsinore Printed on 5/10/2023 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Jason Simpson, Assistant City Manager Date:October22, 2019 Subject: Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention to Consider Annexing Territory Tract No. 37305. Annexation No. 6 Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) Background In 2016, the City formed Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) (“Community Facilities District No. 2015-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”). The District is authorized to levy a special tax within its boundaries to provide, among others, police protection services, fire protection and suppression services, and paramedic services. Nichols Rd. Partners,LLC, owns70.15grossacres of mixed-useproperty proposed to include approximately 12 acres of commercial property and168detached single-familyresidential propertieswithin the City (TR 37305) has requested that the City assist them in annexing territory into CFD No. 2015-1(SafetyServices) to cover the costs associated with safety services. The commercial property is not subject to the Special Tax. The landowner has advised the City that the area described in Exhibit “B” of the Resolution of Intention to be annexed into CFD No. 2015-1and that a Rate and Method of Apportionment of the special taxes to be levied as described in Exhibit “C”. The original area proposed within Annexation No. 6will encompass 168residential properties. The territory proposed to be annexed into CFD No. 2015-1consist of Assessor’s Parcel Numbers 389-200-038, 389-210-008,389-210-032,389-210-034,and 389-210-036. The proposed total maximum tax rate is $771per unitper year. Annual Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 4%. CFD 2015-1 Annex 6 Page 2 The Cityhas agreed to the annexation into the CFD and Nichols Rd. Partners, LLChas submitted a "Consent and Waiver" form on file inthe City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2015- 1(SafetyServices) and consenting to the shortening of election time requirements, waiving analysisand arguments, and waiving all notice requirements relating to the conduct of the election. The next step to annex the property to CFD No. 2015-1is to publish a notification of the proposed district along with the "Resolution of Intention" and BoundaryMap of the proposed Annexation area. A public hearing on the matter will take place onNovember 26,2019and at that time the Council will formally consider approval of Annexation No. 6. Fiscal Impact The Developer has made a deposit to pay for the costs of the Annexation. The Annexation will result in property owners paying a tax of $771per unit for single family property. Exhibits A –Resolution of Intent A1-Resolution Exhibits (A-G) B –Project Map RESOLUTION NO. 2019-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE(SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) Whereas,on March 8, 2016, the City Council (the “City Council”) of the City of Lake Elsinore adopted Resolution No. 2016-022 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) (“Community Facilities District No.2015-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and, Whereas,after a duly noticed public hearing, the City Council adopted Resolution No. 2016-035 (the “Resolution of Formation”) establishing Community Facilities District No. 2015-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2015-1; and, Whereas,the City Council has received a petition from and signed by Eric L. Werner(the Owner’s “Manager”), requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit“C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Methodin all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1.Recitals. Each of the above recitals is true and correct. Section 2.Intent to Annex.The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory. Section 3.Description of Territory Proposed to be Annexed, Annexation Map.The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services),” which map is on file in the officeof the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and HighwaysCode in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of Riverside in Book No. 79 Page No. 45-46, on March 14, 2016 as Instrument No. 2016-00978338. The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit“D” hereto (the “Boundary Map”). The City Clerk is hereby directed to sign the boundarymap andrecord it with all CC Res. No. 2019-_____ Page 2of 4 proper endorsementsthereon with the County Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. Section 4.Description of Authorized Services.The Services(as defined in the Rate and Method)proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time.The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District. Section 5. Levy of Special Taxes. Except where funds areotherwise available, it is the intention of the City Council to levy annuallyin accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit“C”allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special taxes for Services may be increased based on the consumer price index by an amount not to exceed four percent (4%) per year to the extent permitted in the Rate and Method. The specialtax for Services may be levied for such period as the Services are needed, as further described in Exhibit“B” hereto. The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police, fire, rescue and paramedic services in the City as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes set forth in Exhibit“C” to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property. Section 6. Public Hearing.A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on November 26, 2019, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory. Ballots for the special election may be distributed by mail or by personal service. CC Res. No. 2019-_____ Page 3of 4 Section 7. Adjustments. The City Council does not intendto make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. Section 8. Public Hearing. Atthe time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear to be heard. Section 9. Notice of Public Hearing.The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district anda description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. Section 10.Effective Date. This Resolution shall be effective upon its adoption. Passedand Adopted on this 22nd day of October2019. _____________________________ Steve Manos, Mayor Attest: _____________________________ Mark Mahan, Deputy City Clerk CC Res. No. 2019-_____ Page 4of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Mark Mahan, Deputy City Clerkof the City of Lake Elsinore, California, do hereby certify that Resolution No. 2019-_________ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of October 22,2019, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mark Mahan, Deputy City Clerk EXHBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) (the “CFD No. 2015-1”) Annexation No. 6 is currently comprised of five (5) parcels, located within the city boundaries. The properties are identified by the following Riverside County Assessor's Parcel Numbers (APNs). APN Tract Number Owner Name 389-200-038TR 37305 NICHOLS RD PARTNERS 389-210-008TR 37305 NICHOLS RD PARTNERS 389-210-032TR 37305 NICHOLS RD PARTNERS 389-210-034TR 37305 NICHOLS RD PARTNERS 389-210-036TR 37305 NICHOLS RD PARTNERS EXHBIT B DESCRIPTION OF AUTHORIZED SERVICES EXHIBIT B CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2015-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1 or for the benefit of the properties within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-1 before CFD No. 2015-1 was created. EXHBIT C RATE AND METHOD OF APPORTIONMENT City of Lake Elsinore Page 1 Community Facilities District No. 2015‐1 (Safety Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2015‐1 (SAFETY SERVICES) OF THE CITY OF LAKE ELSINORE A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2015‐1 (Safety Services) (the “CFD No. 2015‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016, in an amount determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2015‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2015‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015‐1, or any designee thereof associated with fulfilling the CFD No. 2015‐1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015‐1 or any designee thereof related to an appeal of the Special Tax; a nd the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015‐1 for any other administrative purposes of CFD No. 2015‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means the identification number assigned to a parcel by the County Assessor of the County of Riverside. “CFD” or “CFD No. 2015‐1” means the City of Lake Elsinore Community Facilities District No. 2015‐1 (Safety Services). “City” means the City of Lake Elsinore. “County” means the County of Riverside. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more City of Lake Elsinore Page 2 Community Facilities District No. 2015‐1 (Safety Services) Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section E. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year. “Future Annexation Area” means any area included inside the boundaries of the proposed boundary map included in Appendix C. “Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015‐1 as set forth in Appendix B. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. "Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2015‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) paramedic services, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds. "Taxable Property" means all Assessor’s Parcels within CFD No. 2015‐1, which are not Exempt Property. “Taxable Unit” means a Residential Unit. City of Lake Elsinore Page 3 Community Facilities District No. 2015‐1 (Safety Services) B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2016, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute a Developed Single Family Property or a Developed Multi‐Family Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2016‐2017 for a Developed Single Family Property and a Developed Multi‐Family Property are shown below in Table 1. TABLE 1 MAXIMUM SPECIAL TAX RATES FISCAL YEAR 2016‐2017 Description Taxable Unit Maximum Special Tax Developed Single Family Property RU $685 Developed Multi‐Family Property RU $419 Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0%), whichever is greater. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2015‐1 is an Exempt Property. C. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2015‐1 from time to time. Pursuant to California Government Code section 53339 et seq., the rate and method adopted for the annexed property shall reflect the Maximum Special Tax rate at the then current year’s Maximum Special Tax rate as set forth in Appendix A. D. TERM OF SPECIAL TAX For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2015‐1. E. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2015‐1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, City of Lake Elsinore Page 4 Community Facilities District No. 2015‐1 (Safety Services) encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or a Developed Multi‐Family Property. F. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). G. MANNER OF COLLECTION The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, the District may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. City of Lake Elsinore Page 5 Community Facilities District No. 2015‐1 (Safety Services) APPENDIX A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015‐1 (SAFETY SERVICES) ANNEXATION SUMMARY Safety Services ‐ It is estimated that the cost of providing police, fire protection, and paramedic services being funded by the Special Tax for the Community Facilities District No. 2015‐1 (Safety Services) will be as follows for the Fiscal Year 2016‐2017:  $685 per residential unit for Developed Single Family Residential Property  $419 per residential unit for Developed Multi‐Family Residential Property Annual Escalation ‐ On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0%), whichever is greater. Annex. # Fiscal Year Tract Development Name No. of Taxable Units Land Use Category Maximum Special Tax at Annex. Subdivider Original 2016‐17 36557 Terracina 452 Developed Single Family Property $685 Terracina Investors, LLC & C/O Spectrum Communities Original 2016‐17 36682 Senterra 74 Developed Single Family Property $685 Pardee Homes 1 2016‐17 33486 Makenna Court 81 Developed Single Family Property $685 SAM‐McKenna 2 2016‐17 28214 ‐6, ‐7, ‐8 Skypointe at Alberhill Ranch 82 Developed Single Family Property $685 KB Homes 3 2018‐19 31957 Running Deer 96 Developed Single Family Property $741 SAM‐Running Deer 4 2018‐19 37381 & 37382 Wasson Canyon II 272 Developed Single Family Property $741 Ava Karras 5 2019‐20 33267 Westlake 163 Developed Single Family Property $771 Pardee Homes 6 2019‐20 37305 Nichols Ranch 168 Developed Single Family Property $771 Nichols RD Partners, LLC City of Lake Elsinore Page 6 Community Facilities District No. 2015‐1 (Safety Services) APPENDIX B CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015‐1 (SAFETY SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2015‐1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2015‐1 and the Future Annexation Area of CFD No. 2015‐1 or for the benefit of the properties within the boundaries of CFD No. 2015‐1 and the Future Annexation Area of CFD No. 2015‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2015‐1 before CFD No. 2015‐1 was created. EXHBIT D ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS City of Lake Elsinore Page 7 Community Facilities District No. 2015‐1 (Safety Services) CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015‐1 (SAFETY SERVICES) PROPOSED BOUNDARIES AND BOUNDARIES ‐ FUTURE ANNEXATION AREA 38 9 - 2 0 0 - 0 3 8 (P o r . ) 38 9 - 2 1 0 - 0 3 2 38 9 - 2 1 0 - 0 0 8 (P o r . ) 389-210-03 6 ( P o r.) 38 9- 2 1 0 - 03 4 NIC H O LS R D TERE EL TORO RD CA RWOOD MESA CT AN N E X A T I O N M A P N O . 6 CO M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 5 - 1 (S A F E T Y S E R V I C E S ) CI T Y O F L A K E E L S I N O R E , CO U N T Y O F R I V E R S I D E , S T A T E O F C A L I F O R N I A THI S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E AN N E X E D T O C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 5 - 1 (S A F E T Y S E R V I C E S ) , O F T H E C I T Y O F L A K E E L S I N O R E , C O U N T Y OF R I V E R S I D E , S T A T E O F C A L I F O R N I A . TH E B O U N D A R I E S O F W H I C H C O M M U N I T Y F A C I L I T I E S DIST R I C T A R E S H O W N A N D D E S C R I B E D O N T H E M A P TH E R E O F W H I C H W A S P R E V I O U S L Y R E C O R D E D O N MA R C H 1 4 , 2 0 1 6 I N B O O K 7 9 O F M A P S O F A S S E S S M E N T AN D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E S 4 5 - 4 6 A N D AS I N S T R U M E N T N O . 2 0 1 6 - 0 0 9 7 8 3 3 8 I N T H E O F F I C E O F T H E COU N T Y R E C O R D E R O F T H E C O U N T Y O F R I V E R S I D E , ST A T E O F C A L I F O R N I A . I H E R E B Y C E R T I F Y T H A T T H E W I T H I N M A P S H O W I N G P R O P O S E D BO U N D A R I E S O F C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 5 - 1 (S A F E T Y S E R V I C E S ) , C I T Y O F L A K E E L S I N O R E , C O U N T Y O F RI V E R S I D E , S T A T E O F C A L I F O R N I A , W A S A P P R O V E D B Y T H E CIT Y C O U N C I L O F T H E C I T Y O F L A K E E L S I N O R E A T A R E G U L A R ME E T I N G T H E R E O F , H E L D O N _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ , 2 0 _ _ _ _ , BY R E S O L U T I O N N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CI T Y C L E R K CI T Y O F L A K E E L S I N O R E TH I S A N N E X A T I O N M A P C O R R E C T Y S H O W S T H E L O T O R PA R C E L O F L A N D I N C L U D E D W I T H I N T H E B O U N D A R I E S O F TH E C O M M U N I T Y F A C I L I T I E S D I S T R I C T . F O R D E T A I L S CO N C E R N I N G T H E L I N E S A N D D I M E N S I O N S O F L O T S O R PA R C E L R E F E R T O T H E C O U N T Y A S S E S S O R M A P S F O R FI S C A L Y E A R 2 0 1 9 - 2 0 . SHEET 1 OF 1 SHEET AN N E X N O . 6 \_ ·|}þ74 ·|}þ74 ·|}þ74 §¨¦21 5 §¨¦15 LA K E E L S I N O R E / RE C O R D E D T H I S _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ AT T H E H O U R O F _ _ _ _ O ' C L O C K _ _ M I N B O O K _ _ _ _ _ PA G E _ _ _ _ _ O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y FA C I L I T I E S D I S T R I C T S I N T H E O F F I C E O F T H E C O U N T Y RE C O R D E R , I N T H E C O U N T Y O F R I V E R S I D E , S T A T E O F CA L I F O R N I A . FE E : _ _ _ _ _ _ _ _ _ _ _ _ _ N O . : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PE T E R A L D A N A , A S S E S S O R , C O U N T Y C L E R K , R E C O R D E R BY : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D E P U T Y RE F E R E N C E S I S H E R E B Y M A D E T O P A R C E L 4 O F T H E C I T Y OF L A K E E L S I N O R E P A R C E L M A P 3 7 4 6 5 R E C O R D E D I N T H E OF F I C I A L R E C O R D S O F T H E C O U N T Y O F R I V E R S I D E , S T A T E OF C A L I F O R N I A , O N T H E 3 R D D A Y O F O C T O B E R , 2 0 1 9 , IN B O O K 2 4 7 O F M A P S , A T P A G E S 7 4 - 7 9 , A S D O C U M E N T NO . 2 0 1 9 - 0 3 9 6 7 3 7 F O R A D E S C R I P T I O N O F T H E L I N E S AN D D I M E N S I O N S O F T H E P O R T I O N S O F T H E P A R C E L S LI S T E D T H A T A R E A P A R T O F C O M M U N I T I Y F A C I L I T I E S DI S T R I C T N O . 2 0 1 5 - 1 ( S A F E T Y SERVICES) BOUNDARY. LEGEND ANNEXATION AREA BOUNDARY PARCEL LINE XXX-XXX-XXX ASSESSOR PARCEL NUMBER EXHBIT E PETITION VICINITY MAP INDEX OF SHEETS SHEET NO.DESCRIPTION EA R T H W O R K Q U A N T I T I E S “” IN T E R S T A T E 15 EXHBIT F NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2015-1 (SAFETY SERVICES) (ANNEXATION NO. 6) NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on October 8, 2019 adopted its Resolution No. 2019-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2015-1 (Safety Services) (the "CFD No. 2015-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2015-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Tuesday, November 26, 2019 in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2015-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. DATED: ____________, 20___ _________________________________________ City Clerk of the City of Lake Elsinore EXHBIT G BALLOT SPECIAL TAX ELECTION CITY OF LAKE ELSINORE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 6 (November 26, 2019) This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 6 of the Community Facilities District No. 2015-1 (Safety Services) (“CFD No. 2015-1”) of the City of Lake Elsinore: Name of Landowner Number of Acres Owned Total Votes Nichols RD Partners, LLC 70.15 71 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015-1, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 674-3124 x 261 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 12, 2019, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on November 26, 2019, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 26, 2019. Very truly yours, /s/ Mark Mahan Mark Mahan, Deputy City Clerk City of Lake Elsinore TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Nichols RD. Partners, LLC Attn: Eric L. Werner P. O. Box 77850 Corona, CA 92877 389-200-038, 389-210-008, 389-210-032, 389-210-034, 389-210-036 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 6 AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of Lake Elsinore be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex Territory to Community Facilities District No. 2015-1 (Safety Services) adopted by the City Council on October 22, 2019 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 6 of Community Facilities District No. 2015-1 (Safety Services) City of Lake Elsinore” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015-1 (Safety Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Nichols RD. Partners, LLC A California corporation, its Manager By:____________________________ Division President PR O J E C T M A P CF D N O . 2 0 1 5 - 1 ( S A F E T Y S E R V I C E S ) AN N E X A T I O N N O . 6